Authorisations under species protection law
Short text
- In Germany, species protection is regulated by a series of national, European and international laws, regulations, directives and agreements.
Full text
Species protection covers the protection and care of certain wild species by humans. Species protection licences are issued as exceptions or exemptions.
Basis for action(s)
Required documents
All documents that prove that the requirements for authorisation are met. This includes information on the facts of the case, on the specific problems, but in individual cases sketches, site plans and/or photos are also helpful.
Prerequisites
Exceptions to the protection of wild animal and plant species, their habitats and biotopes laid down in Section 44 BNatSchG may be authorised by the responsible nature conservation authorities in accordance with Section 45 (7) BNatSchG in order to
- Prevention of significant agricultural, forestry, fishing, water or other significant economic damage,
- to protect the naturally occurring flora and fauna,
- for the purposes of research, teaching, education or reintroduction or measures of breeding or artificial propagation serving these purposes,
- in the interests of human health, public safety, including defence and the protection of the civilian population, or the significant beneficial effects on the environment, or
- for other compelling reasons of overriding public interest, including those of a social or economic nature.
An exception may only be authorised if there are no reasonable alternatives and the conservation status of the populations of a species does not deteriorate, unless Article 16(1) of Directive 92/43/EEC contains more stringent requirements. Article 16(3) of Directive 92/43/EEC and Article 9(2) of Directive 2009/147/EC must be observed.
Costs (fees, expenses, etc.)
in accordance with fee number 400 ff of the M-V Nature Conservation Costs Ordinance
Procedure
1. application to the lower nature conservation authority
2. review of the application by the lower nature conservation authority, if necessary additional request for documents or hearing on the facts relevant to the decision
3. decision by the lower nature conservation authority, i.e. issue of an administrative act or conclusion of a public-law contract
Processing time
depending on the complexity of the individual case
Deadlines
none
Forms
none
Further information
Federal Agency for Nature Conservation - Regulations and conventions in species protection
Landesamt für Umwelt Naturschutz und Geologie M-V - Portal Artenschutz
Notes (special features)
none
Author
Ministry of Agriculture and Environment M-V
Typing
2/3bResponsible office
Lower nature conservation authorities
State Office for the Environment, Nature Conservation and Geology M-V
Remarks
none